The CLOUD Act in 5 minutes: why your photos are affected
By the Archibou Team
Your photos are stored with Google, Apple or Microsoft? Then a 2018 US law affects them directly: the CLOUD Act. Here is what it says, simply, and what you can do about it.
What is the CLOUD Act?
The Clarifying Lawful Overseas Use of Data Act, passed in 2018 in the United States, forces US companies to hand over data they host to US authorities — even if that data is stored outside the US, for example in Ireland or the Netherlands.
In practice: a US judge can request your Google Photos, your iCloud or your OneDrive files, wherever they physically are. The company cannot refuse on the grounds that the server sits in Europe.
Why does it matter to you?
Because your family photos, documents and backups are exactly the kind of data covered. This is not theory:
- Google Photos: 15 GB free, a US company subject to the CLOUD Act.
- iCloud: 5 GB free, a US company subject to the CLOUD Act.
- OneDrive: 5 GB free, same situation.
The Data Privacy Framework signed between the EU and the US regulates transfers, but it does not repeal the CLOUD Act. US law keeps applying to US companies.
What to do, concretely?
No need to quit everything overnight. Three reflexes are enough:
1. Know where your data lives. Open your current cloud settings and check who the legal operator is. If it is a US company, the CLOUD Act applies.
2. Apply 3-2-1. 3 copies, 2 different media, 1 offline or with another host. Even without switching clouds, you reduce loss and lock-in risk.
3. Pick a European host for what matters. For family photos and important documents, a host under European law (GDPR) rather than US law changes the legal framework. That is exactly Archibou's choice: your data is hosted with Clever Cloud, French host based in Nantes since 2010, in datacenters in France and the EU, under French and European law. Clever Cloud is known for its advocacy and commitment to French and European sovereignty. No data resale.
In short
The CLOUD Act does not mean the FBI is looking at your holiday pictures. It means that legally, your data with a US provider can be claimed by US authorities, even when stored in Europe. Knowing that is already taking back control.